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The Supreme Court granted applications to stay enforcement of EPA's "Good Neighbor Plan" rule against the applicants pending review in lower courts. The majority found the applicants were likely to succeed in arguing the rule was arbitrary and capricious because EPA failed to adequately explain why the rule could still be applied if fewer states were covered than originally planned.
By 9robes.aiThe Supreme Court granted applications to stay enforcement of EPA's "Good Neighbor Plan" rule against the applicants pending review in lower courts. The majority found the applicants were likely to succeed in arguing the rule was arbitrary and capricious because EPA failed to adequately explain why the rule could still be applied if fewer states were covered than originally planned.